Last week I was helping out a friend with a university project related to sexual crimes under Kuwait’s Penal Law and I thought it would be something interesting to share on the blog as well because there’s a lot of confusion on the subject. Whether you or I agree or do not agree with the law, please stay safe and legal readers.

Note: Where I have written a person is guilty and age does not matter, that means the age does not matter for the crime to occur. That does not mean the person gets punished if underaged, instead juvenile laws are followed.

There is no article stating any punishment for acts between two females. There are also other crimes that I have not mentioned above like incest since I wanted to highlight the most common crimes only. But, you can find the full version of the law in Arabic [Here]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.

The relevant question is: did your society actually “collectively” agree that these acts are against your values when it comes to two adults consenting to have sex? Are everyone’s views represented in this legislation? Or has it been drawn up based on a relatively small percentage of the population and their perhaps very biased views? For example, how many women were involved in the discussions? How many youth? How broad a cross section of devout and not so devout, or more traditional and more modern Muslims were involved in the discussion that created this legislation? Does it really represent the common values? I would hazard a guess to say that there are *many* people having consensual sexual relationships outside marriage. So what is the reality of the value that people hold?

Kuwait is not an Islamic country. It’s a constitutional monarchy with most of the laws derived from secular democratic principles. Islamic sharia law plays a small role in comparison. KSA on the other hand identifies itself as an Islamic country.

Article 2
The religion of the State is Islem, and the Islamic Sharia shall be a main source of legislation.

Please reply with a link/source that states that Sharia law only plays a small role. It clearly shows that it is the main source of legislation right in this post talking about having sex when not married. Do not reply with conjecture or your opinion.

The constitution (originally written over 50yrs ago mind you) can claim to be Sharia-based, but it isn’t. The penal code, which is a huge part of Sharia Law, is rarely followed. We don’t cut off the hands of burglars, we don’t require 4 eye witnesses in cases of adultery (or kill them if they are convicted), the entire science of forensic evidence is rejected by Sharia (in favor of eyewitness accounts), plaintiffs and defendants don’t represent themselves (as per Sharia law) but by lawyers, interest is legal, etc etc etc. Most countries do not follow the entire code of Sharia. Even KSA, which is one of the strictest countries when it comes to Sharia law sometimes bends the rules.

The Constitution of Syrian Arabic Republic (Ba’ath/Assad Syria) also says that Sharia is a main source of legislation yet everyone, including Western media, are aware of the fact the Syrian Arab Republic is a SECULAR state in which Sharia law has a very minor role in legislation. The Constitution of Ba’ath Iraq also says that Sharia is a main source of legislation, yet everyone knows that most laws in Saddam Hussein’s Iraq were secular.

The Religion of State is irrelevant because 99% of Muslim-majority countries have identified Islam as their country’s State Religion. Yet most Muslim-majority countries are not identified as Islamic states in any definition aside from Saudi Arabia, Iran, Yemen and a few others.

Kuwait most certainly does not fit that category because Islamic law is not the primary source of legislation in Kuwait. If Islamic/Sharia law was Kuwait’s primary source of legislation, then Sharia would govern the financial laws, mandatory veiling/hijab and an Islamic dress-code for women would be in place in Kuwait like it is in Saudi Arabia and Iran.

Sharia law in Kuwait only governs alcohol and personal status laws, in every Arab country Sharia governs personal status laws including Jordan and Bahrain, in both of those countries homosexuality is legal yet Islam is declared as their Religion of State in both countries’ Constitutions.

Many Articles/laws in Kuwait’s 1960 Constitution are not enforced. The same way many laws/Articles in the 1979 Syrian Constitution before the Syrian civil war (1979-2010) were not enforced.

Article 2 of the Kuwaiti Constitution is irrelevant because an Islamic state is a country in which Islamic law dictates most, if not all, of a country’s legislation.

I would like to thank you for your insightful post and I will change my views and future statements on the subject. I now fully understand that Kuwait uses Sharia law as a source of legislation but it is not the main source as there are many laws that do not match up with Sharia.

Do you want sources that verify homosexuality is legal Bahrain and Jordan yet in their Constitutions, Islam is declared as the religion of State and Sharia is declared a main source of legislation?

Do you want sources regarding the Syrian Arab Republic’s Constitution that declares Islamic Sharia a main source of legislation and sources about Sharia law playing a small role in Ba’ath-Syria’s legislation? Do you want sources about Ba’ath Syria’s general identification as a secular state despite what the Constitution says?

Do you want sources regarding Ba’ath Iraq’s tiny Sharia laws in the legislation and the general identification of Ba’ath Iraq as a secular-like state?

The Constitution of Arab and Middle East countries are invalid sources because many Articles in the Constitution are not enforced.

In addition, the Kuwaiti Constitution explicitly states that Islamic law SHALL be a main source of legislation – which expresses an intention to make Islamic law a main source of legislation in the future tense. The Constitution doesn’t say that Islamic Law Is A Main Source of Legislation in Kuwait, it says it shall be. There’s a difference between ”shall be” and ”is”.

The term ”shall” expresses a strong assertion or intention in the future tense, which indicates that nothing is set in stone.

In contrast, Article 2 of the Constitution explicitly states that the religion of the State IS Islam in present tense rather than in future tense (keyword: IS).

+You are contradicting yourself. You said, quote: ”It clearly states in the Kuwait Constitution that the national religion is Islam and Sharia law is the main source of legislation.”

Article 2 of the Kuwaiti Constitution (you quoted) explicitly states that Sharia shall be A main source of legislation. Kuwait has several different main sources of law (approximately 4 or 5 different MAIN sources of law).

Your claim that Sharia is THE main source of legislation contradicts the Kuwaiti Constitution itself. There’s a huge difference between ”Sharia is A main source of legislation” and ”Sharia is THE main source of legislation”. The sentence ”Sharia is the main source of legislation” means that Sharia is the only main source of law, whereas when someone says ”Sharia is a main source of legislation” it means the country has several different main sources of law.

If the law is not enforced, it’s not like they enforce it only for under the age of 21. They don’t enforce it period. You can take your argument one step further and state that you can have sex with any person at any age with consent.

It’s pretty disgraceful that we have a law to jail people who have consensual sex.
Let’s clear something up though this is not an Islamic law this is a secular law.
I don’t think the law is enforced in reality. What I’ve heard is that if they get caught they are given the choice to get married and everything would be cleared which is at best idiotic.

Have you ever visited Kuwaiti malls? There isn’t a fake feeling of ”moral” or ”pious” Kuwait. Guys flirt with anything with legs. Flirting and sexual harassment at malls is too rampant in Kuwait, even flirting at roads in traffc. Kuwait is in no way a ”pious” Muslim country.

I would like to ask you how old are you? What is your educational level? You consistency reply to comments denying that Kuwait’s main source of law is Sharia law and it’s based on Islam, but you never cite a source ever. If you were even in a high school class you’d receive an F in a paper for stating that without a single source.

I will reply with proof that Kuwait’s main source of legislation is Sharia law. Kuwait constitution article 2.

Article 2 [State Religion]
The religion of the State is Islam, and the Islamic Sharia shall be a main source of legislation.

Please stop replying to every comment thread whenever Sharia law in Kuwait is mentioned and quickly saying that the law is not based on Islam. You have no evidence for that statement and there is tons and tons of counter evidence to your statement even if you attempted to show any proof. Your opinion or what you believe to be what is going on is not the truth. That is not the definition of truth, nor is it the proper way to discuss things. Truth is based on evidence and facts. The fact is, according to the Kuwait constitution and the majority of the laws in Kuwait, Kuwait is an Islamic state based on Sharia law. Just because it is not the ONLY source of law, does not make it so that you can say it isn’t an Islamic state. It doesn’t work like that.

In the ”The Application of Islamic Law” section, it clearly says:
Apart from Saudi Arabia and Oman, in Arab countries which adopted Civil Codes and civil legal system, Sharia plays a lesser role and applies mainly in the field of the family laws such as, marriage and inheritance (– Personal status laws).

The majority of Kuwaiti laws are not Islamic laws. Some of Kuwait’s laws re Islamic laws, however MOST of Kuwait’s laws are not. There are so many different Kuwaiti laws – you simply can’t claim that the majority of Kuwait’s laws are Islamic laws. Your words, not mine: ”The fact is, according to the Kuwait constitution and the majority of the laws in Kuwait, Kuwait is an Islamic state based on Sharia law.”

I read your above comments and this one and I would like to thank you for insightful knowledge. I came off as harsh and I would like to apologize. You have changed my views on the subject and now understand it a lot better.

Article 2 [State Religion]
The religion of the State is Islam, and the Islamic Sharia shall be a main source of legislation.

the above articles states that Islamic Sharia is A main source not THE source therfore, we are not a purely islamic country but I do agree that most if not the majority of our legislations are dervied fron Islamic shariah, but you cant label us as an Islamic country, we are a muslim society.

Guys this explains a lot. One of my friend (male) was in contact with an Egyptian female at work. She used to get money from this guy. One day he said he would not give her money , she called him to office during one of the holidays and called the cops, accusing him of sexually harassing her.

He was then put in jail for a few months and later released , she was scott free all the while. The authorities just weren’t ready to listen to him.

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